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THE HARYANA PRIVATE UNIVERSITIES, 2006 (as amended upto 10 th May 2012) AN ACT to provide for establishment and incorporation of private universities in the State of Haryana for imparting higher education and to regulate their functions and for matters connected therewith or incidental thereto. Short title, extent and commencement. 1. (1) This Act may be called the Haryana Private Universities Act, 2006. (2) It extends to the whole of the State of Haryana. (3) It shall come into force at once. Definitions. 2. In this Act and in all the Statutes, Ordinances and Regulations made hereunder, unless the context otherwise requires,- (a) "All India Council for Technical Education" means All India Council for Technical Education established under the All India Council for Technical Education Act, 1987 (Central Act 52 of 1987); (aa) ‘Bar Council of India’ means the Bar Council of India constituted under the Advocates Act, 1961 (Central Act 25 of 1961);* (ab)‘campus’ means that area of the university in which it is established;”;* (b) "Council of Scientific and Industrial Research" means the Council of Scientific and Industrial Research, New Delhi, an agency of the Central Government; (c) "Department of Science and Technology" means the Department of Science and Technology of the Central Government; (d) Omitted* (e) Omitted* (f) ‘employee’ means a person appointed by the university and includes a teacher, officer and any other staff of the university;* (fa) ‘existing private university’ means a university which has been established under the Haryana Private Universities Act, 2006 (32 of 2006)
Transcript

THE HARYANA PRIVATE UNIVERSITIES, 2006

(as amended upto 10th

May 2012)

AN

ACT

to provide for establishment and incorporation of private universities in the

State of Haryana for imparting higher education and to regulate their

functions and for matters connected therewith or incidental thereto.

Short title, extent and

commencement.

1. (1) This Act may be called the Haryana Private Universities Act, 2006.

(2) It extends to the whole of the State of Haryana.

(3) It shall come into force at once.

Definitions. 2. In this Act and in all the Statutes, Ordinances and Regulations made

hereunder, unless the context otherwise requires,-

(a) "All India Council for Technical Education" means All India

Council for Technical Education established under the All India Council for

Technical Education Act, 1987 (Central Act 52 of 1987);

(aa) ‘Bar Council of India’ means the Bar Council of India constituted

under the Advocates Act, 1961 (Central Act 25 of 1961);*

(ab)‘campus’ means that area of the university in which it is established;”;*

(b) "Council of Scientific and Industrial Research" means the Council of

Scientific and Industrial Research, New Delhi, an agency of the Central

Government;

(c) "Department of Science and Technology" means the Department of

Science and Technology of the Central Government;

(d) Omitted*

(e) Omitted*

(f) ‘employee’ means a person appointed by the university and includes a

teacher, officer and any other staff of the university;*

(fa) ‘existing private university’ means a university which has been

established under the Haryana Private Universities Act, 2006 (32 of 2006)

before the notification of the Haryana Private Universities (Amendment)

Act, 2012;*

(fb) ‘faculty’ means a group of academic departments of similar

disciplines;”;*

(g) "fee" means collection made by the university from the students by

whatever name it may be called, which is not refundable;

(h) "Government" means the Government of the State of Haryana;

(i) "higher education" means study of a curriculum or course for the

pursuit of knowledge beyond 10+2 level;

(j) ‘hostel’ means a place of residence of the students of the

university;*

(k) "Indian Council of Agriculture Research" means the Indian Council

of Agriculture Research, a society registered under the Societies

Registration Act, 1860 (Central Act 21 of 1860);

(ka) ‘Indian Nursing Council’ means an autonomous body constituted

under section 3 of the Indian Nursing Council Act, 1947 (48 of 1947);*

(l) "Medical Council of India" means Medical Council of

India, Delhi;

(m) ‘National Assessment and Accreditation Council’ means National

Assessment and Accreditation Council, Bangalore, an autonomous

institution of the University Grants Commission;*

(ma) ‘National Board of Accreditation’ means National Board of

Accreditation, New Delhi, an autonomous body of All India Council for

Technical Education;*

(n) “National Council for Teacher Education” means the

“National Council for Teacher Education, Delhi;”;*

(o) and (p) omiited.*

“(q) ‘Pharmacy Council of India’ means Pharmacy Council of India,

Delhi;”;*

(r ) "prescribed" means prescribed by rules made under this Act;

“(s) ‘regulating body’ means a body established by the Government of

India for laying down norms and conditions for ensuring academic

standards of higher education, such as University Grants

Commission, All India Council for Technical Education, National

Council for Teacher Education, Medical Council of India, Bar

Council of India, Pharmacy Council of India, National Assessment

and Accreditation Council, Indian Council of Agriculture Research,

National Board of Accreditation, Indian Nursing Council, Council of

Scientific and Industrial Research etc. and includes the Government

or any such body constituted by Government of India or the

Government;”;*

“(t) ‘Rules’ means the rules made by the Government under this Act;”;

(u) “Schedule” means Schedule appended to this Act;

(v) "sponsoring body" in relation to a university means-

(i) a society registered under the Societies Registration Act, 1860

(Central Act 21 of 1860) ; or

(ii) any public trust; or

(iii) a company registered under section 25 of the Companies Act,

1956(Central Act 1 of 1956);

(w) "Statutes", "Ordinances" and "Regulations" mean respectively, the

Statutes, Ordinances and Regulations of the university made under

this Act;

(x) "student of the university" means a person enrolled in the university

for taking a course of study for a degree, diploma or other academic

distinction duly instituted by the university, including a research

degree;

(y) omitted;*

“(z) ‘teacher’ means a Professor, Associate Professor, Assistant Professor

or any other person required to impart education or guide research

or render guidance in any other form to the students for pursuing a

course or programme of study of the university;”.*

(za) "university" means a university incorporated by law in India; and

(zb) "University Grants Commission" means the University Grants

Commission, established under the University Grants Commission

Act, 1956 (Central Act 3 of 1956).

Objects of university. 3. Following shall be the objects of the university, namely: -

(1) to provide instructions, teaching and training in higher education

and make provisions for research, advancement and dissemination

of knowledge; (2) to create higher levels of intellectual abilities;

(3) to establish state of the art facilities for education and training;

(4) to carry out teaching and research and offer continuing education

programmes;

(5) to create centres of excellence for research and development and for

sharing knowledge and its application;

(6) to establish a campus;;*

(7) omitted;*

(8) to institute degrees, diplomas, certificates and other academic

distinctions on the basis of examination, or any such other method; “(9) to maintain the academic standard of degrees, diplomas, certificates

and other academic distinctions as per bye-laws and to ensure that

the same are not lower than those laid down by the regulating

body;”*

Clauses (10), (11) and (12) have been omitted*

(13) to pursue any other objective as may be approved by the Government.

Submission of

proposal for

establishment of

university and its

evaluation.

4. (1) An application containing the proposal and the project report to establish

a university by a private sector shall be made by the sponsoring body to the

Government, along with such fee, as may be prescribed. At the time of submission

of application the sponsoring body shall fulfill the condition regarding possession of

land as per provision laid down in section 9.#

Provided that the university excluding existing private university shall

offer minimum three faculties at its commencement and shall provide instructions

upto the level of Ph.D. in a period of three years in any of the three faculties in

which it is imparting degree i.e. Humanities, Languages, Medicines, Commerce,

Science, Engineering, Information Technology, Law, Agriculture and Allied

Sciences, Management (Business, Hotel, Hospitality, Tourism etc.), Bio-Tech,

Media and Mass Communication etc. with due permission from the relevant

regulating bodies:*

Provided further that if a sponsoring body intends to set up Health and

Medical Sciences University, it shall not be mandatory to offer minimum three

faculties.*

(2) The project report shall contain the following particulars, namely: -

(a) the details of the sponsoring body along with the copies of its

registration certificate, constitution and bye-laws;

(b) the information regarding financial resources of the sponsoring

body along with audited accounts for the last five years;

(c) the name, location and headquarters of the proposed university;

(d) the objectives of the university;

(e) the availability of land and details of buildings and infrastructure

facilities, if already existing;

(f) availability of academic facilities including teaching and non teaching

staff, if any, at the disposal of sponsoring body;

(g) the details of plans for campus development such as construction of

buildings, development of structural amenities and infrastructure

facilities and procurement of equipment etc. to be undertaken before

the university starts functioning and phased programme for first five

years;

(h) the phased outlays of capital expenditure proposed for the next five

years and its sources of finance;

(i) the nature and the type of programmes of study and research proposed

to be undertaken by the university and their relevance to the

development goals and employment needs of the State and phasing of

such programmes over the first five years with course-wise enrolment

targets;

(j) the experience and expertise in the concerned disciplines at the

command of the sponsoring body;

(k) the nature of facilities, courses of study and research proposed to be

started;

(l) the estimated recurring expenditure, course- wise or activity-

wise, sources of finance and estimated expenditure per student;

(m) the scheme for mobilizing resources and the cost of capital thereto and

the manner of repayment to such sources;

(n) the scheme for the generation of funds internally through the recovery

of fee from students, revenues anticipated from consultancy services

and other activities relating to the objects of the university and other

anticipated incomes;

(o) the proposed fee structure with reference to the details of expenditure

on unit cost and the extent of concessions or rebates in fee or free-

ships and scholarships to the poor students from economically poor or

socially backward families including Scheduled Castes, Other

Backward Classes and handicapped students;

(p) the system proposed to be followed for selection of students for

admission to the courses of study at the university;

(q) the system proposed to be followed for appointment of teachers and

other employees in the university;

(r) omitted;*

(s) whether the university proposes to undertake some programmes related

to local needs. If so, the nature of specialized teaching, training or

research activities to be undertaken by the university so as to fulfil this

objective;

(t) whether the university proposes to start some programmes for

the benefit of farmers, women and industries . If so, details

thereof may be given;

(u) details of play grounds and other facilities available or proposed

to be created for games and sports and extra-curricular activities

like National Cadet Corps, National Service Scheme, Scouts and

Guides etc;

(v) the arrangements proposed to be made for academic auditing;

(w) justification regarding the necessity of establishment of the proposed

university;

(x) commitment to follow the norms of the regulating bodies;

(y) such other details as the sponsoring body may like to give; and

(z) such other details as may be prescribed.

(3) The Government, on receipt of the proposal and the project report for

establishment of a university, shall constitute a committee consisting of such

members as may be specified by it, out of whom at least one shall be an expert, to

examine the proposal and the project report.

Explanation. - In this sub-section the expression “expert” means an

academician of prominence in the respective field of higher education.

(4) The committee shall consider the proposal and the project report on the

following grounds, namely: -

(a) financial soundness and assets of the sponsoring body and its ability to set

up the infrastructure of the proposed university, manner of generation of

funds to be raised by the proposed university before its operations. The

sponsoring body shall give the detailed information in this regard as per the

format given in the bye-laws framed under this Act at the time of

application;*

(b) back ground of the sponsoring body, that is to say, its expertise and

experience in the field of education, its general reputation etc. and its

commitment to follow the norms of the regulating bodies;

(c) potentiality of the courses proposed to be offered, that is to say whether the

courses are able to develop the human resources as per the requirements of

contemporary demands, and whether the courses have new features and

include emerging branches of learning.

(5) The committee, while considering the proposal and the project

report under sub- section (4), may call for such other information from the

sponsoring body as it thinks proper for the purpose.

(6) The committee shall submit its report to the Government within a

period of six months from the date of its constitution:

Provided that while computing the period of six months, the period

commencing from the date on which requisition for any information under sub-

section (5) is issued and ending on the date on which requisite information is

submitted to the committee shall be excluded.*

Issuance of letter of

intent and compliance

report.

5. (1) After the receipt of the report of the committee constituted under

sub-section (3) of section 4, if the Government is satisfied that it is advisable

to establish the university, it may issue a letter of intent and ask the

sponsoring body to-

(i) establish an endowment fund in accordance with the provisions

of section 11 ;

(ii) construct a minimum of 10,000 square meters of covered area for

administrative and academic purposes;

(iii) provide all the relevant information relating to the first degree and

post-graduate degree/diploma programme including the curriculum

structure, contents, teaching and learning process, examination and

evaluation system and the eligibility criteria for admission of

students to the committee headed by Financial Commissioner and

Principal Secretary to Government, Haryana, Education

Department, Chandigarh in which Director, Higher Education,

Haryana, Dean, Academic Affairs, Kurukshetra University,

Kurukshetra and Dean, Academic Affairs, Maharshi Dayanand

University, Rohtak shall be the members. On detailed examination

of the information made available the committee shall inform the

sponsoring body about any short comings in respect of conformity

to relevant regulations for rectification. The university shall offer the

programme only after necessary rectification and approval from the

committee;

(iv) purchase books and journals of at least ten lac rupees or as per the

norms of regulating bodies, whichever is higher, and give an

undertaking to invest, within the first three years, not less than fifty

lac rupees or as per the norms of regulating bodies, whichever is

higher, on books, journals, computers, library networking and other

facilities so as to make the library facilities adequate for

contemporary teaching and research;

(v) purchase equipments, computers, furniture, other moveable and

immoveable assets and infrastructure facilities (other than buildings,

referred to in clause (ii) above) worth twenty lac rupees or as per the

norms of regulating bodies, whichever is higher, and give an

undertaking to procure within the first five years equipments,

computers, furniture, other moveable and immoveable assets and

infrastructure facilities (other than buildings, referred to in clause (ii)

above) worth not less than one crore rupees or as per the norms of

regulating bodies, whichever is higher;

(vi) give undertaking to appoint at least one Professor, two Associate

Professors and adequate number of Assistant Professors alongwith

necessary supporting staff in each department or discipline to be

started by the university;*

(vi-a) maintain objectivity, fairness and transparency in the recruitment of

teachers of the proposed university with qualification not less than

those prescribed by the University Grants Commission or other

regulating bodies;*

(vii) give undertaking to take up co-curricular activities like seminars,

debates, quiz programmes and extra-curricular activities like games,

sports, National Service Scheme, National Cadet Corps etc. for the

benefit of students as per the norms laid down by the regulating

bodies;

(viii) give undertaking for establishment of provident fund and to take up

welfare programmes for the employees of the university; and

(ix) fulfill such other conditions and provide such other information as

may be prescribed by University Grants Commission, All India

Council for Technical Education or any other statutory body

established by Central or State Government;

(x) provide its commitment to prevent all types of ragging in the campus

in accordance with the regulations prescribed by the University

Grants Commission, Government norms and statutory provisions in

this regard, if any.*

(2) The sponsoring body shall fulfill the requirements and

conditions specified in sub-section (1) and shall report the compliance to the

Government within a period of one year from the date of issue of the letter of

intent. On receiving the compliance report, the Government shall appoint a

committee consisting of such members, including the representative of the

regulating bodies, as may be specified, to verify the compliance report. The

committee shall submit its report to the Government within a period of one

month from the date of its constitution specifying whether the sponsoring

body has fulfilled the requirements and conditions as laid down in sub-

section (1).

Provided that Government may further extend the term for a

maximum period of one year not exceeding six months at a time if it is

satisfied that the sponsoring body has taken substantial steps towards setting

up of the University.#

(3) If the sponsoring body has failed to comply with the provisions of

sub-section (2), its proposal submitted under section 4 shall stand rejected and the

letter of intent issued under sub-section (1) of section 5 shall be deemed to have

been withdrawn.

Establishment of

university.

6. The Government, if satisfied, after considering the report submitted under

sub-section (2) of section 5 that the sponsoring body has complied with the

provisions of sub-section (1) of section 5, may, by an Act of the State Legislature,

establish a private university with such name, location, jurisdiction and with such

infrastructure as may be specified in the Schedule.

Incorporation of

university.

7. Every university established by an Act of the State Legislature under

section 6, shall be a body corporate by the name, as specified in the Act, and shall

have perpetual succession and a common seal. It shall have the power to acquire and

hold property both moveable and immoveable and to make contract, and shall sue,

and be sued by the said name.

University to be self-

financed.

8. The university shall be self-financed and shall not be entitled to receive any

grant or other financial assistance from the Government or any Board or

Corporation owned or controlled by the Government.

Requirement of land. 9. No university shall be established unless the sponsoring body is in

possession of -

(i) a minimum of twenty acres of land outside the municipal limits ; or

(ii) a minimum of ten acres of land within the municipal limits.

Explanation: For the purposes of this section, “possession” means

possession either by way of ownership or as a lessee having perpetual lease

for a minimum period of thirty years.#

No power to affiliate

any college or

institution.

“(10) Bar to affiliation and opening off shore campus etc.-(1) The university

shall not admit any college or institution to the privilege of affiliation.

(2) It shall not open any off campus, off shore campus, study centre

and examination centre in or out of the State of Haryana and shall not offer any

programme through distance education mode.”.*

Endowment fund. 11. “(1) The sponsoring body shall establish an endowment fund for the

university with a minimum amount of five crores rupees which shall be pledged in

the form of Fixed Deposit Receipt in original in favour of the Higher Education

Commissioner, Haryana, Panchkula.*

Note: The provisions of sub-section (1) shall not be applicable to the

existing private university.*

(2) The endowment fund shall be used as a security deposit to ensure that

the university complies with the provisions of this Act, Statutes,

Ordinances, Rules and Bye-laws. The Government shall have the power to

forfeit the whole or part of fund in case the university or the sponsoring

body contravenes any of the provisions of this Act, Statutes, Ordinances,

bye-laws or Rules or use it for meeting the expenditure for academic and

administrative purposes in case of dissolution in accordance with bye-laws

.”.*

(3) Income from endowment fund may be utilized for the development

of infrastructure of the university but shall not be utilized to meet out the recurring

expenditure of the university.

(4) The amount of endowment fund shall be invested and kept invested

until the dissolution of the university, in long term securities issued or guaranteed

by the Government or deposited and kept deposited in an interest bearing personal

deposit account in Government treasury.

(5) In case of investment in a long term security, the certificates of the

security shall be kept in the safe custody of the Government and in case of deposit

in the interest bearing personal deposit account in the Government treasury, the

deposit shall be made with the condition that the amount shall not be withdrawn

without the prior permission of the Government.

General fund. 12. Every university shall establish a fund, which shall be called the general

fund to which the following shall be credited, namely:-

(a) fees and other charges received by the university;

(b) any contributions made by the sponsoring body;

(c) any income received from consultancy and other work undertaken

by the university in pursuance of its objectives;

(d) trusts, bequests, donations, endowments and any other grants;

and

(e) all other sums received by the university.

Application of

general fund.

13. The general fund shall be utilized for the following objects, namely:-

(a) for the repayment of debts including interest charges thereto

incurred by the university for the purposes of this Act, the Statutes,

Ordinances, Regulations and Rules;

(b) for upkeep of the assets of the university;

(c) for the payment of the cost of audit of the funds established under

sections 11 and 12;

(d) for meeting the expenses of any suit or proceedings to which the

university is a party;

(e) for the payment of salaries and allowances of the officers and

employees of the university and members of the teaching and

research staff, and for payment of any provident fund contributions,

gratuity and other benefits to any such officers and employees, and

members of the teaching and research staff;

(f) for the payment of travelling and other allowances of the members

of the Governing Body, the Board of Management, the Academic

Council and other authorities so declared under the Statutes of the

university and of the members of any committee appointed by any

of the authorities or by the Chairperson of the sponsoring body or

the Vice-Chancellor, as the case may be, of the university in

pursuance of any provision of this Act, Statutes, Ordinances,

Regulations or Rules;

(g) for the payment of fellowships, freeships, scholarships,

assistantships and other awards to students belonging to

economically weaker sections of the society or research associates

or trainees, as the case may be, or to any student otherwise eligible

for such awards under the Statutes, Ordinances, Regulations or

Rules;

(h) for the payment of any expenses incurred by the university in

carrying out the provisions of this Act, Statutes, Ordinances,

Regulations or Rules;

(i) for the payment of cost of capital, not exceeding the prevailing bank

rate of interest, incurred by the sponsoring body for setting up the

university and the investments made therefor;

(j) for the payment of charges and expenditure relating to the

consultancy work undertaken by the university in pursuance of the

provisions of this Act, Statutes, Ordinances, Regulations or Rules;

and

(k) for the payment of any other expenses including service fee payable

to any organization charged with the responsibility of providing any

specific service, including the managerial services to the university,

on behalf of the sponsoring body, as approved by the Board of

Management to be an expense for the purposes of the university:

Provided that no expenditure shall be incurred by the university in

excess of the limits for total recurring expenditure and total non-recurring

expenditure for the year, as may be fixed by the Board of Management,

without the prior approval of the Board of Management:

Provided further that the general fund shall, for the objects specified under

clause (a), be applied with the prior approval of the Governing Body of the

university.

Officers. 14. The following shall be the officers of the university, namely:-

(1) the Visitor;

(2) the Chancellor;

(3) the Vice-Chancellor;

(4) the Registrar;

(4A) the Controller of Examinations;*

(5) the Chief Finance and Accounts Officer;

(6) such other officers as may be declared by the Statutes to be the

officers of the university.

Powers of Visitor. 15. (1) The Governor of Haryana shall be the Visitor of the university.

(2) The Visitor shall have the following powers, namely:-

(a) when present, he shall preside over the convocation of the

university for conferring degrees and diplomas ;

(b) to call for any paper or information relating to the affairs of the

university; and

(c) on the basis of the information received under clause (b), if he is

satisfied that any order, proceeding, or decision taken by any

authority of the university is not in conformity with the provisions

of this Act, Statutes, Ordinances, Regulations or Rules, he may

issue such directions as he may deem fit in the interest of the

university and the directions so issued shall be complied with by

the university.

Appointment,

functions and powers

of Chancellor.

16. (1) The Chancellor shall be appointed by the sponsoring body for a

period of three years with the approval of the Visitor by following such procedure

and on such terms and conditions as may be prescribed.

(2) The Chancellor shall be the head of the university.

(3) The Chancellor shall preside over the meetings of the Governing

Body and shall, when the Visitor is not present, preside over the convocation of the

university for conferring degrees, diplomas or other academic distinctions.

(4) The Chancellor shall have the following powers, namely:-

(a) to call for any information or record;

(b) to appoint the Vice-Chancellor;

(c) to remove the Vice-Chancellor in accordance with the

provisions of sub-section (7) of section 17; and

(d) such other powers as may be specified by the Statutes.

Appointment,

functions and powers

of Vice-Chancellor.

17. “(1) The Vice-Chancellor shall be appointed by the Chancellor as per

the qualifications prescribed by the University Grants Commission, subject to the

provisions contained in sub-section (7) and shall hold office for a term of three

years:*

Provided that after expiry of the term of three years, the Vice-Chancellor

shall be eligible for re-appointment for another term of three years:

Provided further that a Vice-Chancellor shall continue to hold the office

even after the expiry of his term till new Vice-Chancellor joins. However, in any

case the period shall not exceed one year.”.

(2) The Vice-Chancellor shall be the principal executive and academic

officer of the university and shall exercise general superintendence and control over

the affairs of the university and shall execute the decisions of various authorities of

the university.

(3) In the absence of both the Visitor and the Chancellor, the

Vice-Chancellor shall preside over the convocation of the university.

(4) If, in the opinion of the Vice-Chancellor, it is necessary to take

immediate action on any matter for which powers are conferred on any other

authority by or under this Act, he may take such action as he may deem necessary

and shall at the earliest opportunity thereafter report his action to such officer or

authority as would have in the ordinary course dealt with the matter:

Provided that if in the opinion of the concerned officer or authority such

action should not have been taken by the Vice-Chancellor then such case shall be

referred to the Chancellor, whose decision thereon shall be final:

Provided further that where any such action taken by the Vice-Chancellor

affects any person in the service of the university, such person shall be entitled to

prefer, within three months from the date on which such action is communicated to

him, an appeal to the Board of Management and the Board of Management may

confirm or modify or reverse the action taken by the Vice-Chancellor.

(5) If, in the opinion of the Vice-Chancellor, any decision of any

authority of the university is beyond the scope of the powers conferred by this Act,

Statutes, Ordinances, Regulations or Rules or is likely to be prejudicial to the

interests of the university, he shall direct the concerned authority to revise its

decision within fifteen days from the date of such direction and in case the authority

refuses to revise such decision wholly or partly or fails to take any decision within

fifteen days, then such matter shall be referred to the Chancellor and his decision

thereon shall be final.

(6) The Vice-Chancellor shall exercise such powers and perform such

duties as may be specified by the Statutes or the Ordinances.

(7) If, at any time upon representation made or otherwise and after

making such inquiry as may be deemed necessary, the situation so warrants and if

the continuance of the Vice-Chancellor is not in the interests of the university, the

Chancellor may, by an order in writing stating the reasons therein, ask the Vice-

Chancellor to relinquish his office from such date as may be specified in the order:

Provided that before taking an action under this sub-section, the Vice

chancellor shall be given an opportunity of being heard.

Appointment,

functions and powers

of Registrar

18. (1) The appointment of the Registrar shall be made by the Chairperson of

the sponsoring body in such manner, as may be specified by the Statutes. The

Registrar shall possess the qualifications prescribed by the University Grants

Commission.*

(2) All contracts shall be signed and all documents and records shall be

authenticated by the Registrar on behalf of the university.

(3) The Registrar shall be the Member-Secretary of the

Governing Body, Board of Management and Academic Council but shall not

Appointment and

functions of the

Controller of

Examinations.

have a right to vote.

(4) The Registrar shall exercise such other powers and perform such

other duties as may be specified by the Statutes.

“18A. - (1) The Controller of Examination shall be whole time salaried officer of

the university and shall be appointed by the Chancellor in accordance with the

Statutes.

(2) It shall be the duty of the Controller of Examinations,-

(i) to conduct examinations in a disciplined and efficient manner;

(ii) to arrange for the setting of papers with strict regard to secrecy;

(iii) to arrange for the evaluation of answer-sheets in accordance with

the planned time schedule for results;

(iv) to constantly review the system of examinations in order to

enhance the level of impartiality and objectivity with a view to

make it better instrument for assessing the attainments of

students;

(v) to deal with any other matter connected with examinations which

may, from time to time, be assigned to him by the Vice-

Chancellor.”.*

Appointment, powers

and duties of Chief

Finance and

Accounts Officer.

19. (1) The appointment of the Chief Finance and Accounts Officer shall

be made by the Chancellor in such manner as may be specified by the Statutes.

(2) The Chief Finance and Accounts Officer shall exercise such powers

and perform such duties as may be specified by the Statutes.

Appointment,

functions and powers

of other officers.

20. (1) The university may appoint such other officers as may be necessary

for its functioning.

(2) The manner of appointment of other officers of the university and

their powers and functions shall be such as may be specified by the Statutes.

Authorities. 21. The following shall be the authorities of the university, namely: -

(1) the Governing Body;

(2) the Board of Management;

(3) the Academic Council; and

(4) such other authorities as may be declared by the Statutes to be the

authorities of the university.

Constitution and 22. (1) The Governing Body of the university shall consist of the following

powers of Governing

Body.

members, namely: -

(a) the Chancellor;

(b) the Vice-Chancellor;

(c) the Secretary to Government, Haryana, Education

Department, or in his absence, Director, Higher Education,

Haryana;

(d) five persons nominated by the sponsoring body out of

whom two shall be eminent educationists;

(e) one expert of management or technology from outside the

university, nominated by the Chancellor; and

(f) one expert of finance, nominated by the Chancellor.

(2) The Governing Body shall be the supreme authority of the

university. All the movable and immovable property of the university shall vest in

the Governing Body. It shall have the following powers, namely:-

(a) to provide general superintendence and directions and to

control the functioning of the university by using all such

powers as are provided by this Act, Statutes, Ordinances,

Regulations or Rules;

(b) to review the decisions of other authorities of the university

in case they are not in conformity with the provisions of

this Act, Statutes, Ordinances, Regulations or Rules;

(c) to approve the budget and annual report of the university;

(d) to lay down the extensive policies to be followed by the

university;

(e) to recommend to the sponsoring body for the dissolution of

the university if a situation arises when there is no smooth

functioning of the university in spite of best efforts; and

(f) such other powers as may be specified by the Statutes :

Provided that the Secretary to Government, Haryana, Education

Department or in his absence, Director, Higher Education shall be present in each

meeting in which decisions on issues involving Government policies/ instructions

are to be taken.

(3) The Governing Body shall meet at least three times in a calendar

year.

(4) The quorum for meetings of the Governing Body shall be four.

Constitution,

functions and powers

of Board of

Management.

23. (1) The Board of Management shall consist of the following members,

namely :-

(a) the Vice-Chancellor ;

(b) the Secretary to Government, Haryana, Education

Department, or in his absence, Director, Higher Education,

Haryana;

(c) two members of the Governing Body, nominated by the

sponsoring body;

(d) three persons, who are not the members of the Governing

Body, nominated by the sponsoring body;

(e) three persons from amongst the teachers, nominated by the

sponsoring body; and

(f) two teachers, nominated by the Vice-Chancellor.

(2) The Vice-Chancellor shall be the Chairperson of the Board of

Management.

(3) The powers and functions of the Board of Management shall be

such as may be specified by the Statutes.

(4) The Board of Management shall meet once in every two months.

(5) The quorum for the meetings of the Board of Management

shall be five:

Provided that the Secretary to Government, Haryana, Education

Department, or in his absence, Director, Higher Education, Haryana, shall be

present in each meeting in which decisions on issues involving Government

policies/instructions are to be taken.

Constitution and

functions of

Academic Council.

24. (1) The Academic Council shall consist of the Vice-Chancellor and

such other members as may be specified by the Statutes.

(2) The Vice-Chancellor shall be the Chairperson of the

Academic Council.

(3) The Academic Council shall be the principal academic body of the

university and shall, subject to the provisions of this Act, Statutes, Ordinances,

Regulations or Rules, co-ordinate and exercise general supervision over the

academic policies of the university.

(4) The quorum for meetings of the Academic Council shall be such as

may be specified by the Statutes.

Composition,

constitution, powers

and functions of

other authorities.

25. The composition, constitution, powers and functions of other authorities of

the university shall be such as may be specified by the Statutes.

Disqualification for

membership of an

authority or body.

26. A person shall be disqualified for being a member of any of the authorities

or bodies of the university, if he-

(a) is of unsound mind and stands so declared by a competent court;

(b) is an undischarged insolvent;

(c) has been convicted of any offence involving moral turpitude;

(d) is conducting or engaging himself in private coaching classes; or

(e) has been punished for indulging in or promoting unfair practice in

the conduct of any examination, in any form, anywhere.

Vacancies not to

invalidate

proceedings of any

authority or body of a

university.

27. No act or proceeding of any authority or body of the university shall be

invalid merely by reason of any vacancy or defect in the constitution thereof.

Filling up of

emergent vacancy. 28. Any vacancy which may occur in the membership of the authorities or

bodies of the university due to death, resignation or removal of a member or due to

change of capacity in which he was appointed or nominated, shall be filled up as

early as possible by the person or the body who had appointed or nominated such a

member:

Provided that the person appointed or nominated as a member of an

authority or body of the university on an emergent vacancy, shall remain a member

of such authority or body only for the unexpired tenure of the member, in whose

place he is appointed or nominated.

Committees. 29. The authorities or officers of the university may constitute such committees

with such terms of reference as may be necessary for specific tasks to be performed

by such committees. The constitution of such committees and their duties shall be

such as may be specified by the Statutes.

First Statute. 30. (1) Subject to the provisions of this Act and the Rules, the First Statute

of the university may provide for all or any of the following matters, namely:-

(a) the constitution, powers and functions of the authorities and

other bodies of the university, as may be constituted from

time to time;

(b) the terms and conditions of appointment of the Chancellor

and the Vice-Chancellor and their powers and functions;

(c) the manner, terms and conditions of appointment of the

Registrar and Chief Finance and Accounts Officer and their

powers and functions;

(d) the manner, terms and conditions of appointment of other

officers and teachers and their powers and functions;

(e) the terms and conditions of service of employees of the

university;

(f) the procedure for arbitration in case of disputes between

officers, teachers, employees and students;

(g) the conferment of honorary degrees or distinction which

shall be subject to the prior approval of the Visitor;

(h) the provisions regarding exemption of students from

payment of tuition fee and for awarding them scholarships

and fellowships;

(i) provisions regarding the policy of admissions, including

regulation of reservation of seats;

(j) provisions regarding fees to be charged from students; and

(k) provisions regarding number of seats in different courses.

(2) The Governing Body shall prepare First Statute of the university and

submit the same to the Government for its approval within a period of one month

after incorporation of the university in the Schedule of the Act.*

(3) The Government shall consider the First Statute submitted by the

university and if any modifications are deemed necessary, the same shall be

conveyed to the university for sending the amended draft and if the amended draft is

found in order, it shall give approval within a period of three months from the date

of its receipt.*

(4) The university shall communicate its agreement to the First Statute

as approved by the Government, and if it desires not to give effect to any or all of

the modifications made by the Government under sub-section (3), it may give

reasons thereof and after considering such reasons, the Government may or may not

accept the suggestions made by the university.

(5) The Government shall publish the First Statute, as finally approved

by it, in the Official Gazette.

Subsequent Statutes. 31. (1) Subject to the provisions of this Act and the Rules, the subsequent

Statutes of the university may provide for all or any of the following matters,

namely:-

(a) creation of new authorities of the university;

(b) accounting policy and financial procedure;

(c) representation of teachers in the authorities of the

university;

(d) creation of new departments and abolition or restructuring

of an existing department;

(e) institution of medals and prizes;

(f) creation of posts and procedure for abolition of posts;

(g) revision of fees;

(h) alteration of the number of seats in different syllabi; and

(i) all other matters which under the provisions of this Act are

to be specified by the Statutes.

(2) The Statutes of the university other than the First Statute, shall be

made by the Board of Management with the approval of the Governing Body.

(3) The Statutes made under sub-section (2) shall be sent to the

Government and the Government may approve them as such or, if it considers

necessary, give suggestions for modifications in them within three months from the

date of receipt of the Statutes.*

(4) The Governing Body shall consider the modifications as suggested

and return the Statutes to the Government with changes made therein or with its

comments on the suggestions made by the Government.

(5) The Government shall consider the changes or the comments of the

Governing Body and shall approve the Statutes with or without modifications and

then the Statutes as finally approved by the Government shall be published by

Government in the Official Gazette.

First Ordinance. 32. (1) Subject to the provisions of this Act, the Statutes, the Regulations

or the Rules, the First Ordinance may provide for all or any of the following

matters, namely:-

(a) the admission of students to the university and their

enrolment as such;

(b) the courses of study to be laid down for the degrees,

diplomas and certificates of the university;

(c) the award of the degrees, diplomas, certificates and other

academic distinctions, the minimum qualifications for the

same and the means to be taken relating to the granting and

obtaining of the same;

(d) the conditions for award of fellowships, scholarships,

stipends, medals and prizes;

(e) the conduct of examinations, including the term of office

and manner of appointment and the duties of examining

bodies, examiners and moderators;

(f) fees to be charged for the various courses, examinations,

degrees and diplomas of the university;

(g) the conditions of residence of the students of the university;

(h) provisions regarding disciplinary action against the

students;

(i) the creation, composition and functions of any other body

which is considered necessary for improving the academic

life of the university;

(j) the manner of co-operation and collaboration with other

universities and institutions of higher education;

(k) all other matters which by this Act or Statutes are required

to be provided for by the Ordinances.

(2) The First Ordinance of the university shall be made by the Vice-

Chancellor which after being approved by the Board of Management, shall be

submitted to the Government for its approval.

(3) The Government shall consider the First Ordinance submitted by

the Vice-Chancellor under sub-section (2) within a period of three months from the

date of its receipt and shall either approve it or give suggestions for modifications

therein.*

(4) The Vice-Chancellor shall either modify the Ordinance

incorporating the suggestions of the Government or give reasons for not

incorporating any of the suggestions made by the Government and shall return the

First Ordinance along with such reasons, if any, to the Government and on receipt

of the same, the Government shall consider the comments of the Vice-Chancellor

and shall approve the First Ordinance of the university with or without such

modifications, and then the First Ordinance, as approved by the Government shall

be published by the Government in the Official Gazette.

Subsequen1t

Ordinances.

33. (1) All Ordinances other than the First Ordinance shall be made by the

Academic Council which after being approved by the Board of Management shall

be submitted to the Government for its approval.

(2) The Government shall consider the Ordinances submitted by the

Academic Council under sub-section (1) within a period of three months from the

date of their receipt and shall approve them or give suggestions for modifications

therein.*

(3) The Academic Council shall either modify the Ordinances

incorporating the suggestions of the Government or give reasons for not

incorporating any of the suggestions made by the Government and shall return the

Ordinances along with such reasons, if any, to the Government and on receipt of the

same, the Government shall consider the comments of the Academic Council and

shall approve the Ordinances with or without modifications and then the

Ordinances, as approved by the Government, shall be published by the Government

in the Official Gazette.

Regulations

Authorisation to

commence the

course.

34. The authorities of the university may, subject to the prior approval of the

Board of Management, make regulations, consistent with this Act, Statutes,

Ordinances and Rules for the conduct of their business and that of the committees

appointed by them.

34A. - (1) The university intending to start a new course or programme of

study, shall intimate such intention to the Government, along- with an assessment

report as prescribed under the bye-laws.

(2) The Government shall specify the manner in which the

university shall commence enrolment of students for such course or programme of

study and shall give authorization to the university to start the course or programme

of study and also approve the procedure thereof.

(3) The university shall not commence first enrolment of students

without specific authorization of the Government. In no case, the application for

authorization be kept pending beyond 120 days, whereafter it shall be deemed to

have the concurrence of the Government to start the course or programme of study.*

34B. Power to cancel a course.- The Government may if it is satisfied

that the university is not in a position to efficiently discharge the duties and

obligations imposed, it may, after making such inquiry, as may be specified by bye-

laws, cancel the permission to continue the course or programme of study.*

34C. Compulsory disclosure of information.- (1) Every university

established under this Act shall publish before expiry of sixty days prior to the date

of the commencement of admission to any of its courses or programme of study, a

prospectus containing the following information, namely:—

(a) each component of the fee, deposits and other charges

payable by the students for pursuing a course or

programme of study, and the other terms and conditions of

such payment;

(b) the percentage of tuition fee and other charges refundable

to a student in case such student withdraws from university

before or after completion of course or programme of study

and the time within, and the manner, in which such refund

shall be made;

(c) the number of seats approved by the statutory authority in

respect of each course or programme of study for the academic

year for which admission is proposed to be made;

(d) the conditions of eligibility for admission in a particular course

or programme of study;

(e) the educational qualifications specified by the university

where no such qualifying standards have been specified by

any regulating body;

(f) the process of admission and selection of candidates, including

all relevant information with regard to the details of test or

examination for selecting such candidates for admission to each

course or programme of study and the amount of fee to be paid

for the admission test;

(g) details of the teaching faculty, including therein the educational

qualifications, teaching experience and indicating therein

whether such member is a regular facility member or is a visiting

member;

(h) information with regard to physical and academic infrastructure

and other facilities including hostel accommodation, library and

hospital or industry wherein the practical training to be imparted

to the students and in particular the facilities accessible by

students on being admitted to the university;

(i) broad outlines of the syllabus specified by the appropriate

statutory authority or by the university, as the case may be, for

every course or programme of study, including the teaching

hours, practical sessions and other assignments;

(j) all relevant instructions with regard to maintenance of discipline

by students within or outside the campus, prohibition of ragging

and consequences thereof for violating the provisions of any

regulations in this regard made under the University Grants

Commission Act, 1956 (Central Act 3 of 1956) or any other law

for the time being in force.

(k) any such other information which may be prescribed:

Provided that the university shall publish information referred to

under this section on its website, and the attention of prospective students and the

general public shall be drawn to such publication on the website through

advertisements displayed prominently in the different newspapers and through

other media.

(2) Every university shall fix the price of each printed copy of the

prospectus, not more than the reasonable cost of its publication, distribution or sale

and its copy shall be sent to the Government for information. ”.*

Admissions. 35. (1) Admission in the university shall be made strictly on the basis of

merit: Provided that for the purpose of filling minority quota in the

university established and administered by a minority community, the zone of

consideration for determination of merit shall be limited only to the students

belonging to that minority community.

(2) Merit for admission in the university may be determined either on

the basis of marks or grade obtained in the qualifying examination and

achievements in co-curricular and extra-curricular activities or on the basis of marks

or grade obtained in the entrance test conducted at the state level either by an

association of the universities conducting similar courses or by any agency of the

State:

Provided that admission in professional and technical courses

shall be made only through an entrance test.

(3) A minimum of 25% seats for admissions in the university shall be

reserved for students of the State of Haryana, out of which 10% seats shall be

reserved for students belonging to Scheduled Castes of the State of Haryana.

Provided that in case of the universities having collaboration with

reputed foreign or international universities or other institutions of other

similar nature, the Government may relax the percentage of this reservation.~

Explanation: ‘collaboration with reputed foreign or international

universities’ means and includes an agreement for collaboration in the areas

like course structure, curriculum and faculty development, joint research

programmes, student exchange programmes and admission through

internationally or nationally recognized processes.~

Fee structure. 36. Fee structure. - (1) The university may, from time to time, prepare fee

structure and shall send it for information to the Government, at least thirty days

before the commencement of the academic session.

(2) The fee structure for the twenty-five per cent of the students who are

domicile of Haryana shall be based on merit-cum-means and be as follows:-

(i) one-fifth of the twenty-five per cent shall be granted full

fee concession;

(ii) two-fifth of the twenty-five per cent shall be granted fifty

per cent fee concession;

(iii) the balance two-fifth of the twenty-five per cent shall be

granted twenty-five per cent fee concession.*

Provided that in case of the universities having collaboration with

reputed foreign or international universities or other institutions of

other similar nature, the Government may approve different

percentage of students eligible for 100%, 50% or 25% fee

concession.~

(3) The university shall not charge any fee, by what ever name called,

other than that prescribed as per sub-sections (1) and (2) above.

Examinations. 37. At the beginning of each academic session and in any case not later than the

30th of August of every calendar year, the university shall prepare and publish a

semester wise or annual, as the case may be, Schedule of examinations for each and

every course conducted by it and shall strictly adhere to the Schedule.

Explanation.- "Schedule of Examination" means a table giving details about

the time, day and date of the commencement of each paper which is a part of a

scheme of examinations and shall also include the details about the practical

examinations:

Provided that if, for any reason whatsoever, the university has been unable

to follow the Schedule, it shall, as soon as may be practicable, submit a report to the

Government incorporating the detailed reasons for making a departure from the

published Schedule. The Government may, on considering the report shall issue

such directions to the university as it may deem fit.

Declaration of results. 38. (1) The university shall strive to declare the results of every

examination conducted by it within a period of thirty days from the last date of the

examination for that particular course and shall in any case declare the results latest

within a period of forty-five days from such date:

Provided that if, for any reason whatsoever, the university is unable to

finally declare the results of any examination within the aforesaid period of forty-

five days, it shall submit a report incorporating the detailed reasons for such delay

to the Government. The Government may, on considering the report shall issue such

directions to the university as it may deem fit.

(2) No examination or the results of an examination shall be held

invalid only for the reasons that the university has not followed the Schedule as

stipulated in section 37 or, as the case may be, in this section.

Convocation. 39. The convocation of the university shall be held in every academic year in

the manner as may be specified by the Statutes for conferring degrees, diplomas or

for any other purpose.

Accreditation of

university.

40. The university shall obtain accreditation from the National Assessment and

Accreditation Council, Bangalore or National Board of Accreditation within five

years of its establishment and inform the Government and such other regulatory

bodies which are connected with the courses taken up by the university about the

grade provided by the said accrediting bodies to the university. The university shall

get renewed such accreditation at an interval of every five years thereafter or as per

norms of the concerned accrediting bodies.*

University to follow

rules, regulations,

norms etc. of

regulating bodies.

41. Notwithstanding anything contained in this Act, the university shall be

bound to comply with all the rules, regulations, norms etc. of the regulating bodies

and provide all such facilities and assistance to such bodies as are required by them

to discharge their duties and carry out their functions.

Annual report. 42. (1) The annual report of the university shall be prepared by the Board

of Management which shall include among other matters, the steps taken by the

university towards the fulfilment of its objects and shall be approved by the

Governing Body and a copy of the same shall be submitted to the sponsoring body.

(2) Copies of the annual report prepared under sub-section (1) shall

also be presented to the Visitor and the Government.

Annual accounts and

audit.

43. (1) The annual accounts including balance sheet of the university shall

be prepared under the directions of the Board of Management and the annual

accounts shall be audited at least once in every year by the auditors appointed by the

university for this purpose.

(2) A copy of the annual accounts together with the audit report shall

be submitted to the Governing Body.

(3) A copy of the annual accounts and audit report along with the

observations of the Governing Body shall be submitted to the sponsoring body.

(4) Copies of annual accounts and balance sheet prepared under sub-

section (1) shall also be presented to the Visitor and the Government. The advice of

the Government or the Visitor, if any, arising out of the accounts and audit report of

the university shall be placed before the Governing Body. The Governing Body

shall issue such directions, as it may deem fit, and compliance shall be reported to

the Visitor or the Government, as the case may be.

Powers of

Government to

inspect university and

academic and

administrative audit

44. (1) The Government may cause an assessment to be made, in such manner,

as may be prescribed, for the purpose of ascertaining the standards of teaching,

examination and research or any other matter relating to the university.*

(2) The Government for ascertaining and ensuring quality at different levels

of higher education in a university and for its continued sustenance shall conduct

Penalties

annual academic and administrative audit through Higher Education Department,

Haryana or any other body or persons authorized by it, which shall scrutinize

whether the university is complying with and functioning in accordance with the

provisions of this Act, Statutes, Ordinances, Rules, bye-laws, instructions and the

conditions of the Letter of Intent.*

(3) Such persons or body shall give their report within three months to the

Government with specific recommendations and deficiencies, if found. The

Government shall consider the report and issue a show cause notice of thirty days to

the Chancellor as to why action should not be initiated against the university for the

deficiencies noticed.*

(4) After considering the reply to the show cause notice, the Government

shall have the power to impose penalty under the Act.*

44A. The following penalties may be imposed upon the university for

maladministration, misinformation and for not maintaining standards, namely:-

(i) stopping of admissions in one or more faculties;

(ii) financial penalty of a minimum of ten lakhs and maximum

of one crore;

(iii) dissolution of the university in a phased manner:

Provided that no such penalty shall be imposed unless the

university has been given a show cause notice.*

Dissolution of

university on

recommendations

of sponsoring body.

45.(1) The sponsoring body may recommend to the Government to dissolve the

university by giving a notice to this effect in the manner as may be prescribed to

the employees and the students of the university at least one year in advance:

Provided that dissolution of the university shall have effect only after

the last batch of the students of the regular courses have completed their

courses and have been awarded degrees, diplomas or awards, as the case may

be:

Provided further that such dissolution of the university shall not have any

adverse effect on the validity of degrees, diplomas or awards conferred on the

students.

(2) On the dissolution of the university, all the assets and liabilities of the

university shall vest in the sponsoring body.

Special powers of

Government in

46. (1) If it appears to the Government that the university has contravened any

certain

circumstances. of the provisions of this Act, Statutes, Ordinances, or Rules or has violated any of

the directions issued by it under this Act or has ceased to carry out any of the

requirements and conditions as laid down under sub-section (1) of section 5 or is

involved in financial mismanagement or mal-administration, it shall issue a notice

requiring the university to show cause within a period of forty-five days as to why

the university should not be dissolved by an Act of State Legislature.

(2) If the Government, on receipt of reply of the university on the

notice issued under sub-section (1), is satisfied that there is a prima facie case of

contravening all or any of the provisions of this Act, Statutes, Ordinances or Rules

or of violating directions issued by it under this Act or of ceasing to carry out the

requirements and conditions as laid down under sub-section (1) of section 5 or is

involved in financial mismanagement or maladministration, it shall make an order

of such enquiry as it may consider necessary.

(3) The Government shall, for the purposes of any enquiry under sub-

section (2), appoint an inquiry officer or officers to inquire into any of the

allegations and to report thereon.

(4) The inquiry officer or officers appointed under sub-section (3) shall

have the same powers as are vested in a civil court under the Code of Civil

Procedure, 1908 (Act 5 of 1908), while trying a suit in respect of the following

matters, namely:-

(a) summoning and enforcing the attendance of any person and

examining him on oath;

(b) requiring the discovery and production of any such document or

any other material as may be predicable in evidence;

(c) requisitioning any public record from any court or office; and

(d) any other matter which may be prescribed.

(5) The inquiry officer or officers inquiring under this Act shall be

deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the

Code of Criminal Procedure, 1973 (Act 2 of 1974).

(6) On receipt of the enquiry report from the officer or officers

appointed under sub-section (3), if the Government is satisfied that the university

has contravened all or any of the provisions of this Act, Statutes, Ordinances or

Rules or has violated any of the directions issued by it under this Act or has ceased

to carry out the requirements and conditions under sub-section (1) of section 5 or a

situation of financial mismanagement and maladministration has arisen in the

university which threatens the academic standard of the university, it shall dissolve

the authorities of the university and appoint an administrator.

(7) The administrator appointed under sub-section (6) shall have all the

powers and shall be subject to all the duties of the Governing Body and the Board of

Management under this Act and shall administer the affairs of the university until

the last batch of the students of the regular courses have completed their courses and

have been awarded degrees, diplomas or awards, as the case may be.

(7A) The administrator shall meet day to day expenses from the

income/assets of the university. If the same are not sufficient, then the administrator

with the prior approval of the Government shall have the powers to dispose of the

properties and assets of the university.*

(8) After having been awarded the degrees, diplomas or awards, as the

case may be, to the last batch of the students of the regular courses, the

administrator shall make a report to this effect to the Government.

(9) On receipt of the report under sub-section (8), the Government shall

make an amendment in the Schedule under section 6 by omitting concerned

university therefrom and from the date of such amendment, all the assets and

liabilities of the university shall vest in the sponsoring body:*

Provided that the degrees, diplomas or awards granted under sub-

section (8) shall not be invalid merely on the ground that the university has been

dissolved.

Power to make rules.

47. (1) The Government may, by notification in the Official Gazette, make rules

for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely:-

(a) the manner of making proposal to establish a university and the

fee payable under sub-section (1) of section 4;

(b) other particulars to be contained in the project report under

sub-section (2) of section 4;

(c) the manner of forfeiting the endowment fund in case of

contravention of the provisions of this Act, Statutes,

Ordinances, Regulations or Rules under sub-section (2) of

section 11;

Power to make bye-

laws

(d) the manner, terms and conditions of appointment of the

Chancellor under sub-section (1) of section 16;

(e) the manner for making recommendation for dissolution of

university under sub-section (1) of section 45;

(f) matter to be prescribed under clause (d) of sub-section (4) of

section 46; and

(g) any other matter which is required to be or may be prescribed

by rules under this Act.

(3) Every rule made under this Act shall be laid, as soon as may be,

after it is made, before the House of the State Legislature, while it is in session, if

the House agrees in making any modification in the rule or the House agrees that

the rule should not be made, the rule shall thereafter have effect only in such

modified form or be of no effect, as the case may be; so, however, that any such

modification or annulment shall be without prejudice to the validity of anything

previously done under that rule.

47A.- The Government may, by notification in the Official Gazette, make bye-

laws for carrying out the purposes of this Act.*

Power to remove

difficulties. 48. (1) If any difficulty arises in giving effect to the provisions of this Act, the

Government may, by order published in the Official Gazette, make provisions, not

inconsistent with the provisions of this Act, as appear to it to be necessary or

expedient for removing the difficulty.

(2) Every order made under this section shall, as soon as may be after it

is made, be laid before the House of the State Legislature.

Act to have

overriding effect. 49. The provisions of this Act and the Statutes, Ordinances, Regulations and

the Rules shall have effect notwithstanding anything to the contrary contained in

any other law, for the time being in force, made by the State Legislature relating to

the universities.

SCHEDULE

(see section 6)

Sr.

No. Name of the Universities

1 O.P. Jindal Global University, Village Jagdishpur, Sonepat`

2 ITM University, Sector-23-A, Gurgaon**

3 Amity University, Village-Gwalior, Panchgaon (Near Manesar), District Gurgaon#

4 Apeejay Stya University, Village Silani, Tehsil Sohna, District Gurgaon#

5 Maharishi Markandeshwar University, Village-Sadopur, Ambala.^

6 NIILM University, Kaithal^^

7 Baba Mast Nath University, Rohtak*

8 M.V.N. University, Palwal*

9 Ansal University, Gurgaon*

~ Amended vide Haryana Act No. 4 of 2009, assented to by the Governor of Haryana on 12th March

2009, published in the Haryana Gazette on 17th March 2009.

` Amended vide Haryana Act No. 11 of 2009, assented to by the Governor of Haryana on 19th March

2009, published in the Haryana Gazette on 23rd

March 2009.

** Amended vide Haryana Act No. 25 of 2009, assented to by the Governor of Haryana on 28th

August 2009, published in the Haryana Gazette on 21st October 2009.

# Amended vide Haryana Act No. 10 of 2010, assented to by the Governor of Haryana on 11th April

2010, published in the Haryana Gazette on 26th April 2010.

^ Amended vide Haryana Act No. 29 of 2010, assented to by the Governor of Haryana on 28th

October 2010, published in the Haryana Gazette on 29th October 2010.

^^ Amended vide Haryana Act No. 16 of 2011, assented to by the Governor of Haryana on 20th

September 2011, published in the Haryana Gazette on 27th September 2011.

* Amended vide Haryana Act No. 16 of 2012, assented to by the Governor of Haryana on 16th April

2012, published in the Haryana Gazette on 10th May 2012.

HARYANA GOVT. GAZ"(VYSK. 13,

(EXTRA.), MAY 3, 2ol3r93s SAKA)

51

PART-I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 3rd May, 2013

No. Leg.10/2013.-The following Act of the Legislature of the Stateof Haryana received the assent of the Governor of Haryana on the I lth April, 201 3

and is hereby published for general information:-

HARYANA ACT NO. 8 OF 2OI3

TFIE HARYANA PRIVATE UNIVERSITIES (AMENDMENT) ACT,2OI3

AN

ACT

further lo qmend the Haryana Private Universities Acl, 2006.

Be it enacted by the Legislature of the State of Haryana in the Sixty-fourthYear of the Republic of India as follows :-

1. This Act may be called the Haryana Private Universities (Amendment)Act,20l3.

2. in the Schedule to the Haryana hivate Un.iversities Act, 2@6, afterserial number 9 and entries thereagainst, the following serial numbers and entries

thereagainst shall be added, namely:--

Short title.

Amendment ofSchedule toHarydna Act 32

of 2006.

"10. Shree Guru Gobind SinghTricentenary University

I l. Jagan Nath University

12. G.D.GoenkaUniversity

13. K.R. Mangalam University

14. S,R.M. Universitv

Disnict Gurgaon

Bahadurg:uh (Haryana)

Sohna Road, Gurgaon

Sohna Road, Gurgaon

Sonepat (Haryana)".

3. (l) The Haryana Private Universities (Amendment) Ordinance, Repeal and

2013 (Haryana Ondinance No. I of 2013), is hereby repealed. savings'

(2) Notwithstanding such repeal. anything done orany action taken

under the said Ordinance. shall be deemed to have been done or taken underthis Act.

RAJRAHUI- GARG,Secretary to Government, Haryana,Law and Legislative Department.

FIARYANT\ GOVI'. GAZ. (EXT'RA.), MAY 2. 2014 161

(VYSK. 12, 1936 SAKA)

PART I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

'I'lre 2nd May.20t4

No. Leg. 24l2lll4.-The following Act of the Legishture of the State of

Har.yana received the Assent of the Governor of Flaryana on the 23rd April. 2014.

and is hereby published fbr general inftlrmation :-

(I-IARYANA ACT NO. 2] OF2OI4I

THE HARYANA PRIVATE UNIVERSITIES(AMENDMENT) ACT,2OI4

Acr

Jitnher to artrcncl tlrc Haryarm Priwte lJttivcrsities Act, 2006'

Be it.enacted by the Legislaiure of the State of Haryana in the Sixty-fifth

Year of the Republic of Indin as follorvs:-

1. This Act may be called the Halyana Pfivate Universities (Amendment) Short title'

Act. 2014.

2. In section2oftheHaryanaPrivateUniversitiesAct.2006(hereinafter Amerrdrnent of

. called the principal Act),- . it'.t"rliij, ,r "t(i) after clause (n), the following clauses shall be inserted, 2006'

namely:--

'(na) "off-campus centre" means a centre of the univercity

established by it outside the main campus but within the

State of Haryana. tlperated and maintained as its

constituent unit and having its complement of facilities,

faculty and staff;

(nb) "off-shore campus" means a campus of the university

established by it otrtside the country, opelated and

maintained as its constituerrt unit and having itscomplement of facilities. faculty and staff;';

(ii) for clause (s), the follorving clause shall be substituted,

namely:-

'(s) '1'egulating body" means a body established by the

AN

Anrendrnenl olsection 3 ol'Harl'anr Act 32 of2006

Insertion ofsection 3A inHaryana Act 32 of2006.

168 HARYANA GOVT. GAZ. (EXTRA.), MAY 2.2014(VYSK. 12. 1936 SAKA)

Government of India for laying down nol'ms and

conditions for ensuring academic standards of higher

education. such as University Grants Commission. AllIndin Ccluncil for Technical Education. Natiorral Cotrncil

for Teachers Education. Medical Council of India. Bar

CounciI of India. Pharmacy Council of In'dia. Indian

Council of Aglicultural Research. Indian NursingCouncil. Council tlf Scientific and Industrial Resealch

etc. and includes the Government or any such body

constituted by the Government;'.

3. After clause (9) of section 3 of the plirrcipal Act. the follorving clauses

shall be added. nnmely:-

"( | 0) to set up eff - campus centre rvithin the State of Haryana atier

obtaining apploval from the University Grants Comrnissitln;

(ll) to open oft-shore camptrs in foreign countries after obtaining

due permission from the University Grants Commission. the

Govet'nment. the Government of India and also from the

Govel'nment of the host country.".

4. After section 3 of the ptincipal Act. the following section shall be

inselted, narhely:--

"(3A) Conditions for setting up trff'-campus centre.--

(l) The university shall bb allowed to set up only one off-cflmpus centre within the State of Haryana on fulfillmentof the following cronditions. nalnely:-

(a) it has completed five.years of establishment;

(b) it has been accredited "A" grade by NationalAssessment and Accledited Council;

it has nevel violated the conditions of Letter of Intent

and the plovisions of the Act;

it has obtained the apploval fi'om the UniversityGrants Commission; and

it has in its possession the land as described below:-

(i) three acres of land by way of ownership or lease ofthirty years. if the university intends to set up off'-

campus cenh'e in a Municipal Corporation;

(ii) four acres of land by way of ownership or lease ofthirty years, if the university intends to set up off-campus centre in a Municipal Committee;

(c)

(d)

(e)

I.IARYANA GOVT. GAZ. (EXTRA.). IUAY 2,2014(VYSK. 12.'1936 SAKA)

(iii) fi\ie acres of land by way of ownership or lease ofthilty yeats. if the university intends to set up off-

campus centre in a rural area.

(, The off-campus celltl'e shall be totally administered b;'

the univelsity and tro franchise for its lunning shall be

allowed.

(3) The off-camuus centfe shall have adequate buildings'other intlastructure tlcilities and staff as pet' the notnrs

and standalds prescribed by the University Glants

Commission and other regulatoly bodies. Such facilities

shall be pt'oportionate to the size and activities of the

off-campus centre.

(4) The univelsity shall futnish adequate financial guarantee

as per the rules fi'amed or as decided by the Government.

fi'om time to time.".

5. For sub-section (2) of section l0 of the principal Act. the following

sub-sections shall be substituted. namely:-

"(2) The university shall not open any study centre and

examination centre in or out of the state of Haryana and shall not

offer any programme through distance education mode'

(3) The university shall not oft'er any programme through

distance education mode from oft'-camPuS centre or off-shore campus

established under clauses ( l0) or ( I I ) respectively of section 3 of the

Act.".

6. For-sub-section (l) of section l7 of the principal Act, the following

sub-section shall be substituted, namely.

"(l) The Vice-Chancellor shall be appointed by the Chancellor

as per the qualifications prescribed by the University Grants

Commission, subject to the provisions contained in sub-section (7)

and shall hold office for a term of three years:

Provided that after expiry of the term of three years, the Vice-

chancellor shall be eligible fbr re-appointment for another term ofthtee years:

Provided furlher-that the chancellor may furtherextend the term

for another- three years if the vice-Chancellor has contributed

significantly to r.aise the academic and research standards of the

University:

Provided further that a Vicc-Chanceltor $all continue to hold

the office even after the expiry of his term lillttre new Vicrc{hancellorjoins. However. in any case the period shall notexceed one year"''

169

Amendnrent ofsection l0 ofHaryana Act 32 of2006.

Amendment ofsection 17 ofHaryana Act 32 o[2006.

I7O HARYANA GOVT. GAZ. (EXTRA.), MAY 2,2A14(VYSK. 12, 1936 SAKA)

Amendmen I of 7 . For clause (c) of sub-section ( I ) of section 22 of the principal Act. thesection 22 of follorvins clause shall be substituted. namelv:-Haryana Act 32 of200(r. "(c) the Secretary to Government. Haryana. Higher Education

Amen<rmenr or 8. ,",..,1;J"'tl:iil-lil:],l,ll,..,,"n23ortheprinciiarAct.thesection 23 of ftrllorvins clause shall be substituted. namely:-Harynna Act 32 of2006' ( r'(b) the Secletary to Government. Haryana, Higher Education

, Depaltment or his nominee:".

Arnendnrcni of ' 9. In the Schedule to the principal Act. after serial number 14 and enf iesSchedule to -^ ^ thereagainst- the follorving serial numbers and entries thereagainst shall be added.Haryana Ac1 -12 of __._ -,]..200(r. namely:-

' t "15. Ashoka University District Sonepat- t *

rJ' ^orrv^q vrrr vvroru

16. Al-Falah University District Faridabad

17. BML Munjal University District Gurgaon".

RAJ RAHUL GARG.

Secretary to Government Haryana.

Law and Legislative Department:

52252-L.R.-H.G.P.. Chd,

FTARYANA GOVT. GAZ. (EX'[RA.), "A'UG. 6,20t4 389

(SRVN. 15. 1936 SAKA)

TIARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 6th August,2014

No. Leg. 32t2014.:The following Act of the Legislature of the State of

Haryana received the assent of the Governor of Haryana on the 23rd July, 2014,

and is hereby published for general information

(HARYANA ACT NO. 26 OF 2014)

THE HARYANA PRIVATE UNIVERSITIES

(SECOND SHORT TITLE AMENDMENT) ACT, 2OI4

AN

Acr

further to amend the Hamana Private IJniversities Act' 2006'

Be it enacted by the Legislature of the State of Haryana in the Sixty-fifth

Year of the.Republic of India as follows:-

l. This Act may be called the Haryana Private universities (Second Short title-

Amendment) Act,2014.

2, In the Schedule to the.Haryana Private universities Act'2006, after Amendment of

serial number 17 and entries thereagainst, the following serial number and entries i:T:;l';:, r,thereasainst shall be added. namely :- or iooo

"18. Manav Rachna

University

Dist{ct Faridabad".

fu{ILANHNA SAWHNEY," Special Secretary to Government Haryana.

Law and Legislative DePartment'

HARYANA GOVT. GAZ, (EXTRA.), JAN. 14, 2016 (PAUS. 24, 1937 SAKA) I

PART IHARYANA GOVERNMENT

LEGISLATIVE DEPARTMENT

Notification

The l4th January,2016

No. Leg.2/2016.- The following Act of the Legislature of the State of Haryana received the

assent ofthe Governor ofHaryana on the 24th December, 2015, and is hereby published for general

information:-

HARYANA ACTNO. T OF2016

I? .. run HARvANA pRrvATE UNIvERSITIES (AMENDMENT) ACT,2015

AN

ACT

furlher to amend lhe Haryana Privale Universities Act, 2006'

Be it enacted by the Legislature of the State of Haryana in the Sixty-sixth Year of the

Republic of India as follows:-

l. This Act may be called the Haryana Private Universities (Amendment) Act, 2015. short title

2. In the Schedule to the Haryana Private Universities Act, 2006,- Amendment ofSchedule to

(i) for serial number 2 and entries thereagainst, the following serial number and Haryana Act 32

entries thereagainst shall be substituted, namely:- - of2006'

"2 .TheNorthcap University District Gurgaon";

(ii) after serial number l8 and entries thereagainst, the following serial number and

entries thereagainst'shall be added, namely:-

19 . PDM University District Jhajjar"'

KULDIP JAIN.Secretary to Covernment, Hary ana,

Legislative DePartment.

Regd. No. CHD/0093i2015-2017

Huqg- nu Gnuw nrntnt Gu1ttttEXTRAORDINARY

Published by AuthoritY@ Govt, of

HARYANA VIDHAN SABHA SECRETAzuAT

No. 135-2016/Ext. CHANDIGARH, THIIRSDAY, AUGUST 25' 2016 (BHA 1938

NotificationThe 25th August,2016

No. 20-HLA of 2016185.- The Haryana Private Universities (Second Amendment) Bill,

2016, is hereby published for general information under proviso to Rule 128 of the Rules of

Procedure and -Conduct

of Business in the Haryana Legislative Assembly :-

Bilf No.20-HLA of 2016.

THE HARYANA PRIVATE UNIVERSITIES(SECOND AMENDMENT) BILL' 2016

ABILL

furthertoamendtheHaryanaPrivate(JniversitiesAct,2006.Bg it enacted by the Legislature of the State of Haryana in the Sixty-seventh Year of the

Republic of India as follows:-

l. This Act may be called the Haryana Private Universities (Second Amendment) Act,2016'

2. For sub-section (l) of section l7 ofthe Haryana Private Universities Act,2006 (hereinafter

called the principal Act), the following sub-section shall be substifuted, namely:-

..(l)TheVice-ChancellorshallbeappointedbytheChancellorasperthequaliflrcaiions prescribed by the University Grants Commission, subject to the provisions

Contuin"d in sub-section (7) and shall hold office for a term ofthree yer$s:

provided that after expiry of the term of three years, the Vice-Chancellor shall be

eligible for re-appointment for zubsequent terms of three years each till he attains the age

of seventy y.u.r, if he has contributid signif,rcantly to raise the academic and researclt

standards of the universifY'"'

3. In the schedule to the principal Act, after serial number 19 and entries thereagainst, the

following serial number and entries thereagainst shall be added, namely:-

District Gurgaon"

Short title

Amendment ofsection l7 ofHatynaAct32of 2006

Amendment ofSchedule toHaryana Act32 of2006.

Price : 5-00

"20. Starex UniversitY

(s 157)

HARYANA GOVT. GAZ. .), AUG.25, 2016 (BHDR. 3' 1938 SAKA)

STATEMENT OF OBJECTS AND REASONS

universitY.

Further, to achieve the objectives enshrined in the Haryana Private University Act, 2006, a proposal has been

formulated for setting up of Starex Universiry' Gurgaon'

5 158

Hence, this Bill.

Chandigarh:The 25th August, 2016.

RAM BILAS SHARMA,Education Minister, Haryana'

R.K. NANDAL,Secretary.

2-


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